Trade Union Bill

Debate between Lord Tyler and Lord Forsyth of Drumlean

Wednesday 20th January 2016 Lords Chamber

[Lord Tyler (LD)]

My Lords, I shall try to be reasonably brief because, as the noble Baroness said, I referred to a number of these issues at Second Reading last week.

Since then, I have been struck by the number of Members on the Cross Benches and the Conservative Benches who have agreed that this is the right time to look at the wider issue of party funding. Indeed, it is probably the only opportunity that we will get in this Parliament. I therefore very much welcome the initiative by the noble Baroness, Lady Smith, to bring the idea back before the House this afternoon in prime time, and I hope that we will be successful today.

The Trade Union Bill before the House is deliberately very tightly drawn. The Minister told us repeatedly at Second Reading that it is not about party funding and, as the noble Baroness said, we have all received a letter from her which makes that point yet again. However, I refer the House to the Conservative Party manifesto which contained a two-part promise not only to make this change in this Bill but to reinitiate cross-party discussions about party funding, so this is part of the general package to which the manifesto referred. By making a tight Long Title to the Bill, without even the usual provision of “connected purposes”, the Government are able to advance changes to the way in which individuals contribute to the Labour Party through union political funds and ward off any amendments to the Bill about the way in which such provisions might apply to other parties and other action on the issue.

Most of the big money goes to the Conservative Party. It took 59% of all party-political donations by individuals in the 12 months leading up to the previous election. Even once trade union donations are taken into account, the Conservatives attracted £2 in every £5 donated to all political parties put together. We now know that the cash was spent—in avalanches—in target seats, in marginal constituencies, in the 2015 general election. Jim Messina, the Conservatives’ election adviser from the US, told the Spectator just a few days ago that he thinks the party spent £30 million in the run-up to the poll last year. I suspect that the Conservative treasurer may have recalculated that in the final returns to the Electoral Commission, since the legal limit is £19 million.

As it happens, quite coincidentally, the figures are out today from the Electoral Commission, and they repay very careful analysis. Michael Crick of BBC2, who I think is acknowledged to be an expert in these matters, comments:

“those are the OFFICIAL national party spending figures. I don’t believe them”.

Nor do I. They do not include Conservative candidates’ own expenditure. He then highlights “unsolicited material to voters” costing £4 million. As a recipient in a target marginal seat, I can confirm that, yes, we were all receiving unsolicited mail of that nature. And then it is identified in the Electoral Commission figures published today that £2.4 million was paid to Mr—as he was then—Lynton Crosby, and £369,000 was paid to that very same Jim Messina. Presumably, his opinion on the amount that has been spent by the party is worth paying for.

Having deployed those funds to win a narrow majority in the other place, the Government are now plainly set on redefining the rules of the political game to entrench their own power, perhaps permanently. The Bill must be set against the overall picture of changes secured by Conservatives in the past few months and years. There were arguments over boundary changes. We then saw in the House at the end of last year Ministers nipping through provisions to wipe nearly 2 million people off the electoral register just in time for the boundary-change calculations. We saw last week how the Government are now challenging, with as yet no parliamentary process, even the power of your Lordships’ House. Now with this measure, presented as a technical change to make union members’ donations to political funds more transparent, we have an extraordinary attempt to fully stymie an already hobbled Opposition.

It is extraordinary that we need this Motion, but it is absolutely right to refer us back to the recommendations of the Committee on Standards in Public Life, which examined in detail a whole suite of issues on party funding five years ago. Its work built on that of Sir Hayden Phillips in the review that was commissioned by the then Labour Government. Sadly, no progress was made following the Phillips report because no consensus could be reached on the twin matters of altering principally Conservative funding by way of individual donations on the one hand and altering principally Labour funding by way of restrictions on the way in which trade union political funds work on the other.

We have now an opportunity to look again at a comprehensive package, balanced to affect the major parties in roughly equal measure. The CSPL arrived at such a package in 2011, and that should have been implemented by the coalition Government. It is one of my biggest regrets that no progress was made and the nettle was not grasped then in a fair and equitable way. We cannot turn the clock back, but what we can and should make progress on now, in the first year of this Parliament, is a fundamental package of party- funding reform. It was promised in the Conservative manifesto as well as in those of Labour and the Liberal Democrats.

As the noble Baroness has made clear, a Select Committee of your Lordships’ House seems to be an ideal catalyst for implementing those commitments, and of course it could make very good use of the evidence that the CSPL amassed. Last week the noble Lord, Lord Bew, who chairs the CSPL, made it clear that there is still some work to do in updating the calculations and judgments that his committee made in 2011, and surely a Select Committee is the most effective way to do that. His contribution to the debate last week and that of the noble Lord, Lord Kerslake, are essential reading, particularly perhaps for their colleagues on the Cross Benches, because they were particularly significant.

The Select Committee could look carefully at the partisan effects of the Trade Union Bill and could make recommendations for progress on balancing the provision of a donation cap. It could also review fully, in the light of Electoral Commission evidence, the operation of the current law on constituency spending. As my noble friend Lord Rennard pointed out last week, the spirit of the law on constituency spending limits is being abused—no doubt by all parties—even if its letter is still observed.

[Lord Forsyth of Drumlean (Con)]

Does the noble Lord not think that his credibility in arguing for fairness and balance and non-partisan behaviour in respect of constituencies would be greatly enhanced if the Liberals had not voted to prevent the boundary changes going through in time for the general election?

[Lord Tyler]

It is quite irrelevant. What is absolutely clear—and I think I will have the noble Lord, Lord Forsyth, with me on this—is that all parties now do not respect the constituency limits that he and I had to observe years ago when we stood as candidates. We were told, were we not, by our lawyers and our agents, that were we to spend one penny over the limit for a constituency, we would be in trouble. Indeed, last year all parties swamped marginal, targeted constituencies with money from outside which, as long as it did not mention the name of the candidate, was completely outwith the constituency limits. I think the noble Lord and I would agree that what was set in motion by the 1883 Act, which limited how you could buy a constituency, is now not worth the paper it is written on. We need to look at that again, and it is important that it should be effectively considered by a good cross-party Select Committee of your Lordships’ House.

Spending on material of that nature hugely exceeds the constituency limits, and it is clear from the figures published today that the Conservative Party, and no doubt the other parties, made huge use of that just last year. Voters do not get to vote nationally in our system. Every voter in a constituency votes for their own constituency MP, and therefore material distributed in those constituencies by parties contesting the election is just constituency campaigning. The law needs to reflect that point.

The Motion today sets out an ambitious timetable for the committee, seeking a report by 29 February. I support that, because foot-dragging is the enemy of progress in this issue, perhaps more than any other. No sooner are proposals produced than people start saying, “It’s too close to the next election to do anything”, so it is urgent that this issue is looked at now. The committee might choose to make a first report by 29 February, which could then of course be seen in the light of progress with the Trade Union Bill through your Lordships’ House. This timetable, however, must enable it to work constructively and fully with the Committee on Standards in Public Life to bring forward renewed proposals for comprehensive reform.

If anyone still doubts that the clauses in the Trade Union Bill will entrench the invidious iniquity in the UK’s party funding arrangements or that there is a dangerous arms race in spending, they need only consult the figures the Electoral Commission has published today, which speak eloquently to both. Ministerial claims in the debates hitherto and in the letter sent to us that the Bill may not adversely affect Labour’s income are either charmingly naive or stark-staring mendacious. Perhaps they think we are naive. Either way, balancing provisions for the rest of party funding are urgently needed, so my noble friends and I will strongly support this Motion in the Lobbies this afternoon.

European Union Referendum Bill

Debate between Lord Tyler and Lord Forsyth of Drumlean

Wednesday 18th November 2015 Lords Chamber

[Lord Tyler (LD)]

My Lords, I am a signatory to Amendment 3, in common with not only the noble Baroness, Lady Morgan of Ely, but Members on the Conservative Benches and Cross-Benchers. It is genuinely across the House that we now feel that this moment has arrived. Having deployed the argument for this extension of the franchise so often in the past, as the noble Lord, Lord Cormack, so kindly said, I can be very brief. I certainly do not need to repeat the noble Baroness’s excellent exposition of the advice we have now had from the Electoral Commission and the Association of Electoral Administrators about the practicalities.

In Committee, I thought that the most persuasive contribution of many was from the Conservative Benches, from the noble Lord, Lord Dobbs, who said:

“So the question I am struggling with is: how can it be right to allow 16 and 17 year-olds to vote in a referendum on Scotland but not in a referendum on Europe? There has to be some sort of consistency”.

We are back there again, as the noble Lord, Lord Forsyth, has so admirably emphasised. The noble Lord, Lord Dobbs, went on to rubbish the official explanation that somehow the extension of the franchise in the Scottish independence referendum did not originate with Conservative Ministers. He said,

“although the coalition Government and the Prime Minister did not specifically approve votes for 16 year-olds, they did acquiesce in votes for 16 year-olds”.—[Official Report, 28/10/15; cols.1227-8.]

He and others, notably now an increasing number of Conservative MPs, have warned that we simply cannot pretend that Scottish young people are somehow more mature, well-informed, responsible or capable of exercising common sense than their English, Welsh and Northern Irish counterparts. Several colleagues from this side of the House have challenged anybody from the other side to produce that argument, without any success.

The noble Lord, Lord Blencathra, referred to the United Kingdom. He is right: in the long term, we have to address the consistency of the franchise, the bedrock of our representative democracy across the United Kingdom, but we have a particular issue at the moment. We have a Bill. We have a referendum coming. It is on that issue that we need specific consistency. That was very much the argument of the noble Lord, Lord Dobbs, and he had no problem whatever with my quoting his contribution in Committee. As an avid fan of both versions of his “House of Cards”, I am very disappointed that he is not able to be here today. I do not know whether I am being as cynical or conspiratorial as some of the characters in those great productions, but I wonder whether there has been some encouragement for him not to be here today. I wonder whether the Government Whips may have encouraged him to stay away, reassuring him that nothing controversial was to be discussed or decided.

One of the key lessons of the Scottish referendum was that the 16 and 17 year-old age group registered—well over 100,000 of them—and voted in larger numbers than those aged 18 to 24. Why? It is very interesting. The reason why that has been identified is that the younger cohort were often still at school and in their local, family environment, where they had much more encouragement to take the issues seriously. When they got away from home to their first job or further or higher education, they lost touch with some of the issues and concerns that might otherwise been part of their consideration.

There is hard evidence—looked at very carefully by Bite the Ballot and others—that there is a good case for a direct link between citizenship courses and electoral registration. Indeed, as the noble Baroness, Lady Morgan, said, there has been a successful pilot in Northern Ireland in that regard.

[Lord Forsyth of Drumlean]

On the numbers, it is certainly true that 75% of 16 year-olds voted—of course, it was a novelty—but that is not very different from the figure for 25 to 34 year-olds, which was 72%. It is true that there was a fall-off for voters aged between 18 and 24, but then a lot of those people had gone off to university and were not able to vote. So there is no evidence whatever that somehow or other, this increases participation in elections.

European Union Referendum Bill

Debate between Lord Tyler and Lord Forsyth of Drumlean

Wednesday 28th October 2015 Lords Chamber

[Lord Tyler]

My Lords, I have not actually come to my own views on this subject. I have simply been reporting the views of the noble Lord’s colleagues in both this and the other House. If, for example, he has an objection to the views of my local Member of Parliament—a Conservative: Mr Neil Carmichael—I suggest that he take it up with him. All I am trying to suggest is that it is now the common experience and approach that young people are mature, well-informed and ready to take this particular step on this particular issue. This is widely accepted in all parts of your Lordships’ House—and, I suggest, in the other House.

[Lord Forsyth of Drumlean]

When we discussed this in the context of giving the Scottish Parliament the power to decide this, I warned that the Scottish Parliament would give the vote to 16 year-olds and that this would then be used as an argument for doing the same here, which is what the noble Lord has been doing. Does this not relate to the issue of the age of majority? In Scotland, 16 year-olds are not allowed to buy a pint of beer or a packet of cigarettes. Should we not look at this in the context of the appropriate age of majority and not in the context of a Bill of this kind?

--- Later in debate ---

[Lord Tyler]

I have not yet proposed an age limit for voting. Indeed, the noble Lord, Lord Tebbit, will have a vote in this referendum. He does not get one in a general election any more than I do, but he will be allowed a vote in this, which is one reason that some Members of your Lordships’ House feel that there is a clear case for extending the franchise. I hope that the noble Lord, Lord Tebbit, will vote the right way, although I have more confidence in the judgment of some 16 and 17 year-olds than I do in his.

[Lord Forsyth of Drumlean]

Was that a confession that the noble Lord is in favour of this because he thinks that these 16 year-olds will vote “the right way”?

[Lord Tyler]

It was not, my Lords. This issue is one on which the noble Lord, Lord Tebbit, and his colleagues—who may have doubtful views on these matters—are just as likely to persuade young people to vote their way as I am. I just think that the judgment should be in the hands of the people who are going to be affected.

--- Later in debate ---

[Lord Forsyth of Drumlean]

I may be having a problem with my brain, because I do not understand where the noble Lord is coming from. He has spent the last year arguing that constitutional change should not be made in a piecemeal way and that we need to have a constitutional convention to look at these things in the round. We have spent this evening listening to people opening doors—saying that we opened the door to the Scottish changes in the franchise, when the Government said that it would not open the door. Surely, the noble Lord needs to work out whether he believes that these things should be looked at in the round. He has also argued that this is a one-off and will not have further implications. I am completely confused as to how he can maintain two opposing positions at the same time. One is tempted, is one not, when he made his slip, to conclude that the real reason he wants these changes is that it will help him to get the result that he wants?

[Lord Tyler]

My Lords, the Bill sets out a timetable, and we had some discussion on that earlier this evening. That is the timetable with which we are faced in your Lordships’ House; we have a Bill, and we are going to have a referendum. I agree with the noble Lord that it would have been preferable some years ago if we had had the opportunity to look at some of these issues in the round, but we did not, and we have not done so, and the present Government are still setting their face firmly against a constitutional convention. Unless he is prepared to delay a referendum for another three, four or five years, I am afraid that we must address what is on the Marshalled List today, which gives us an opportunity to decide what is to be the franchise for one very specific question. That is what it is all about.

I go back to the point made by the noble Lord, Lord Dobbs. It may well be that there are Members of your Lordships’ House who think that this is not the right moment to move, but I think that we have an excellent precedent on this sort of issue, when the decision that will be taken has such ramifications and implications for so long. In that context, we should make progress in that direction. However, I accept that this may not be technically the most robust amendment to achieve that change, and I certainly want to make sure that we get cross-House support from Cross-Benchers, Conservatives, Labour and Liberal Democrats for the amendment, to demonstrate how wide the support now is. More support has been demonstrated today, and I hope that we can do that. In that context, it is obviously right that for this Bill and on this occasion we make sure that the amendment is absolutely technically perfect. So in that circumstance, to make sure that we can demonstrate that breadth of support, for the time being I beg leave to withdraw the amendment.

Electoral Registration and Administration Act 2013 (Transitional Provisions) Order 2015

Debate between Lord Tyler and Lord Forsyth of Drumlean

Tuesday 27th October 2015 Lords Chamber

[Lord Tyler (LD)]

My Lords, in moving this Motion I must make it clear that it is wholly different to those we debated in your Lordships’ House last night. In the first place, I remind noble Lords of the very special status of the Electoral Commission. The Electoral Commission was set up following the fifth report by the Committee on Standards in Public Life in October 1998, under the chairmanship of the noble Lord, Lord Neill of Bladen. It concluded that there was a need for,

“a totally independent and authoritative Election Commission with widespread executive and investigative powers”.

The commission was then established by the Political Parties, Elections and Referendums Act 2000. In the debate on that Bill, the prospect of a fiercely independent commission enjoyed substantial cross-party support. Speaking from the Conservative Front Bench, the then Sir George Young MP—I am very pleased to see him in his place here in a different capacity today—paid tribute to the Neill Committee, saying that,

“they have managed to build consensus out of the bricks of political contention. We accept the establishment of the Electoral Commission”.—[Official Report, Commons, 10/1/2000; col. 46.]

In Committee, the Front Bench Conservative spokesperson in the other place, Mr Robert Walter MP, went further, saying:

“We have stated our belief that there should be a powerful and independent Commission”.—[Official Report, Commons, 14/02/2000; col. 692.]

Also on the Conservative side, the then Mr John MacGregor MP—now also a very senior member of your Lordships’ House—endorsed it too, saying,

“I hope that the broad framework of the Neill report will stand the test of time”.—[Official Report, Commons, 10/01/2000; col. 63.]

The most supportive quote of all was as follows:

“We heard protestations earlier from the Under-Secretary about the absolute need for the commission to be wholly independent. That theme has been reiterated throughout our debates, and it is regarded as of great importance by Honourable Members on both sides of the House”.—[Official Report, Commons, 14/02/2000; col 655.]

That was the then Sir Patrick Cormack MP. So, with that strong support from the then Conservative Opposition, Parliament legislated to create a totally independent, non-partisan and authoritative commission with its own unique Speaker’s Committee, answerable and accountable directly to both Houses of Parliament—not to the Government.

Thus, we must listen very closely to its careful, balanced, evidence-based recommendations. In that context, I very much welcome the amendment tabled by the noble Lord, Lord Kennedy of Southwark, which will strengthen my Motion. He and I both have past direct experience of working with the Electoral Commission, although of course none of us can speak on its behalf.

As Members of your Lordships’ House will have noted, the commission has now given clear advice on three occasions, most recently just yesterday. I will quote its advice briefly, but I remind your Lordships’ House just how important it is. It said back in June:

“Taking into account the data and evidence which is available to us at this point and the significant polls which are scheduled for May 2016, we recommend Ministers should not make an order to bring forward the end of the transition to IER. We recommend that the end date for the transition should remain, as currently provided for in law, December 2016”.

That was in June. It said the following when the Government issued their announcement:

“We are disappointed at the Government’s announcement and still recommend that the end of the transition should take place in December 2016 as set out in law. We therefore recommend that Parliament does not approve this order”.

I am now in the 25th year of service in Parliament, and have seldom heard the commission so crystal clear in its view. Indeed, I have not heard any statutory body expressing advice with such clarity to your Lordships’ House or the other place.

What will be the effect of the government order if it goes ahead unchallenged? The official estimate is that up to 1.9 million people who are currently on the register, and were on it at the general election in May, will be dropped off it. At a stroke, Ministers are prepared to disfranchise huge numbers of electors—for example 415,013 in London, 231,345 in Scotland and 68,042 in Wales. It is of course possible that these figures may be squeezed down as we approach the important elections in 2016, but it is still highly likely that people who think they are on the register will find themselves unable to vote when the time comes.

The Government, apparently, are prepared to risk legal challenges to the results of the London mayoral and Assembly elections as well as those for the Scottish Parliament and Welsh Assembly. No doubt the Minister will be able to inform the House what answers were received from the Scottish Parliament and the Welsh and London Assemblies when they were consulted before this order—which is of such vital significance to those bodies—was tabled. However, I have to tell the House that so far the Parliamentary Answers on this issue to my noble friend Lord Rennard have been less than satisfactory; he will deal with that crucial issue of consultation during this debate. For an even fuller analysis of the effects in each of the nations and regions in the United Kingdom, I refer Members of your Lordships’ House to the excellent report prepared by the well-respected voluntary campaigning organisation HOPE not Hate, which we have all received.

There is yet further long-term significance to this decision. As the commission points out, the sleight of hand involved in this order impacts profoundly on the parliamentary boundary review which is due to commence next year. If this order is allowed to slip through, the register in December 2015, which will be used as the basis for the next round of constituency boundary changes, will be missing large numbers of voters. Although these people could re-register between December and April to vote in the elections next year, to which I have referred, these voters will be irrevocably wiped off the face of our democracy for the purposes of the constituency boundary review. They simply will not count when the new constituencies are drawn up. With those potential voters removed—up to one in five in some of the London boroughs—there will be a knock-on effect on the number of constituencies in each place. It is calculated that the number of constituencies in London might be reduced by up to 10.

[Lord Forsyth of Drumlean (Con)]

Is the noble Lord not skating on rather thin ice, given that the boundary review and the Boundary Commission report were prevented from being implemented in the last Parliament because he and his colleagues voted, against the clerks’ advice, on an amendment which was out of order?

[Lord Tyler]

My Lords, if the noble Lord had actually read what the Electoral Commission has advised this House, I do not think he would be adopting that position. This means fewer seats in densely populated, highly mobile urban areas, and proportionately more seats in rural areas with more stable populations. Thus, without cross-party consultation or consent, Conservative Ministers have introduced a deliberately self-interested, partisan order in direct conflict with the recommendations of the independent commission which is appointed by Parliament to ensure fair play. No wonder they slipped this out shortly before the Summer Recess with the absolute minimum of publicity.

What reasons have they given for this demonstrably improper and unprecedented action? Two excuses have been given to me and others, and will presumably feature again today. First, it is said that the Association of Electoral Administrators is happy that the period of transition could be foreshortened by 12 months. Frankly, that is not persuasive. The association does good work but it is the shop steward of electoral registration officers. Crossing all these voters off the register at the stroke of a pen will reduce its workload. By contrast, the Electoral Commission is the shop steward, answerable to Parliament, for the voter—for the integrity of our democracy. It is abundantly clear that we have a duty to listen to it. Since when did Ministers think that they should attach more importance to the self-interested views of a trade union than to the careful assessment of the statutory body tasked by Parliament to provide independent advice?